# In the matter of Nath Motors Pvt. Ltd. IA-2450-2022 in IB-1794-ND-2019

> NCLT judgment dated 2022-05-27. Citation: TCN-2022-NCLT-02576. The applicant filed an application seeking rectification/modification of an order dated…

- **Court:** NCLT
- **Order date:** 27 May 2022
- **Citation:** TCN-2022-NCLT-02576
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nath-motors-pvt-ltd-ia-2450-2022-in-ib-1794-nd-2019-1818c91d

## Summary

### Background

The applicant filed an application seeking rectification/modification of an order dated 24.05.2022 passed by the Bench in CA/605/ND/2020. The applicant was the Resolution Professional of the Corporate Debtor during the CIRP and had submitted written consent to act as a Liquidator. The order dated 24.05.2022 incorrectly stated that Mr. Pankaj Khetan had withdrawn his consent to act as a Liquidator, when in fact, Mr. Anil Goel was the Resolution Professional of the Corporate Debtor.

## Facts

Mr. Idemitus Lube India Pvt. Ltd. filed an application seeking rectification/modification of an order dated 24.05.2022. The applicant served as the Resolution Professional (RP) for the Corporate Debtor during the Corporate Insolvency Resolution Process (CIRP). The applicant had also submitted written consent to act as a Liquidator. The previous order dated 24.05.2022 contained a typographical error, stating that Mr. Pankaj Khetan had withdrawn his consent to act as a Liquidator, when it was actually Mr. Anil Goel who was the RP. The order incorrectly relieved Mr. Anil Goel from his assignment and appointed Ms. Rekha Sharma as the new Liquidator.

## Issues and analysis

### Issue 1: Whether the typographical error in the order …

**Ratio:** Typographical errors can be rectified to reflect the true intent and facts of the matter,

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**Reasoning:** The court found that the order dated 24.05.2022 contained a typographical error regarding

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**Interpretation:** The interpretation of the existing order was flawed due to the typographical

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**Application:** The court applied the principle of rectification of errors to correct the

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; HEMANT KUMAR…
- **Appellants:** Idemitus Lube…
- **Respondents:** M/S. Nath Motors…
- **Advocates:** Dhananjay…; Aditya…; +2 more

## Timeline

- **2022-05-24 — Original…**: Order passed by the Bench in CA/605/ND/2020,…
- **2022-05-27 — Order Del…**: The court rectified/modified the typographical error and re-appointed Mr. Anil Goel as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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